Amendments to the El Paso County land use code

AMENDMENTS TO EL PASO COUNTY LAND USE CODE

HISTORY:

In March 1986 the Board of County Commissioners began a

-series of public work session to discuss the developthent of

a new water policy for the El Paso County Subdivision

Regulations. On August 27, 1986 the Board of County:

Commissioners directed that the consulting hydrogeologist

and County Staff prepare draft changes to the Subdivision

Regulations and that these draft changes be based on the

general concepts contained in a working document titled

Discussion Draft: Revised Water Policy

REGULATIONS SUMMARY: The proposed regulations establish

•

standards for determining sufficiency of a proposed water

supply in terms of quality, quantity and dependability for

the intended use. The regulations would require that a

proposed project have a 300 year supply of water and that

this supply be legally bound to the project.

III. DEFINITIONS (add the following)

ALLUVIAL GROUND WATER: ground water found in unconsolidated clay, silt, sand, and gravel of relatively young geologic age.

BEDROCK GROUND WATER: ground water found in consolidated or semiconsolidated sedimentary r9cks or in igneous or metamorphic rocks.

NONTRIBUTARY GROUND WATER: ground water located outside the boundaries of any designated ground water basin, the withdrawal of which will not, within one hundred years, deplete the flow of a natural stream at an annual rate greater than one-tenth of one percent of the annual rate of withdrawal.

OFFSITE WATER: ground water in aquifers which naturally lie beneath a property which is not part of the development project but from which ground water will be extracted for the project, and surface water which naturally flows across a property which is not part of the development project.

ONSITE WATER: ground water in aquifers which naturally lie beneath a project site, and surface water which naturally flows across the project site.

RENEWABLE WATER: either surface water, reservoir water, alluvial water from .a designated basin, or tributary ground water (the latter typically being found beneath Fountain Creek or the Arkansas River).

WATER DEMAND: the total quantity.of water a proposed subdivision will require for a period of 300 years.

SECTION

46

GENERAL PROVISIONS

C. PURPOSE

(add). 10. Ensuring that definite provision will be made for a water supply that will be sufficient in terms of quantity, depend-. ability and quality to provide an appropriate supply of water for the type of subdivision proposed..

V. SUBDIVISION REGULATIONS (add Section 49.5)

SECTION 49.5 Water Supply Standards A. EXCLUSIONS

The requirements set forth in this section shall not apply to: 1. Subdivisions which will not use water.

2. Agricultural uses not associated with residential, commercial, or industrial activities requiring subdivision approval.

3. A proposed subdivision which, by reason of the nature, type and extent of the proposed development, will not require a water supply as prescribed - herein. Such determination shall be made by the Board of County Commissioners on a case-by-case basis and shall be based on a specific request and sup-porting evidence presented by the applicant in accordance with section 50 of these regulations along with recommenda-tions of the Planning Commission. If exempted by the Board, any subsequent change in the subdivision as approved may require compliance with Section 49.5.

B. FINDING OF SUFFICIENCY

The Board of County Commissioners will determine the sufficiency of the proposed water supply in terms of quality, quantity, and dependability. The Planning Commission will, as part of its deliberations, make a recommendation regarding the sufficiency of the proposed water supply.

1. Sketch Plan:

• Approval of a Sketch Plan by the Planning Commission and Board of County Commissioners is not contingent upon a finding that the proposed water supply is sufficient in terms of quality, quantity and dependability.

2. Preliminary Plan:

Action of the Planning Commission:

The Commission shall make a recommendation that the proposed water supply is or is not sufficient in terms of quality; quantity, and dependability. Separate findings may be made. A subdivision may be approved if a recommendation of insuf-ficiency is made, however, the Planning Commission shall

3

identify the deficiencies in its recommendations to the Board of County Commissioners.

b. Board of County Commissioners:

The Board shall make a finding that the proposed water supply is or is not sufficient in terms of quality, quantity, and dependability. Separate findings may be made. A subdivision may be approved if a finding of insufficiency is made, however, the Board of County Commissioners shall identify the deficiencies in the water supply plan that shall be corrected prior to submittal of the Final Plat. If a finding of insufficiency is made for quality, quantity or dependability, the identified deficiencies in the water supply plan shall be amended and a revised Water Resources Report shall be submitted with the Final Plat application.

3.

Final Plat:

No Final Plat will be approved by the Board of County Commissions a finding that the proposed water supply is sufficient in terms of quality, quantity and dependability for the type of subdivision being proposed.

4. In determining the sufficiency of a proposed water supply, the Board of County Commissioners will, at a minimum, consider the Water Resources Report (see section 51.2), data and recommenda-tions from the State Engineer's Office, the County staff, and the County Hydrogeologist, the recommendations of the Planning Commis-sion and documented public comment. In all cases the burden of proof in demonstrating sufficiency rests with the applicant, and it shall be the applicant's sole responsibility•to document in the Water Resources Report that the proposed water supply is suffi-cient in terms of quality, quantity, and dependability as defined herein.

C. FINDING OF SUFFICIENT DEPENDABILITY

The proposed water supply shall meet the following criteria to be found suffi-cient in terms of dependability:

(1) The supply is of sufficient quantity to meet the needs of the proposed project for 300 years.

(2) The proposed water supply system and water supply is capable of meeting the peak demand of the proposed subdivision.

(3)

The applicant provides adequate evidence of ownership or the right of acquisition or of use of existing or proposed water rights suf-.

ficient in quality, quantity, and dependability to serve the proposed uses within the subdivision, and

(a) the legal capability to accomplish any changes in the uses or points of diversion of such rights with quantities and dependability necessary to serve the proposed subdivision without material injury to vested water rights; or

(b) an adequate, irrevocable legal commitment made by public or private water owners to supply the proposed subdivision with water of adequate quality, quantity and dependability.

(4) Proof of ownership or the right of acquisition of or use of exist-ing and proposed water rights need not be part of Sketch Plan or Preliminary Plan submittals; however, satisfactory proof shall be included as part of the Final Plat submittal. As a minimum the Preliminary Plan submittal shall include proof, as applicable, that well permit applications have been made, that application for a water decree has been made to the appropriate water court; or that good faith negotiations have been made to acquire or use another's water rights.

NO FINAL PLAT WILL BE APPROVED WITHOUT PROOF OF OWNERSHIP OR THE RIGHT OF ACQUISITION OF OR USE OF EXISTING AND PROPOSED WATER RIGHTS. The following are required as proof of ownership or the right of acquisition of or use of existing and proposed water rights of surface or ground water:

(a) Surface water:

A Water Court decree and any other required Court ap-provals to appropriate and use the water for the in-tended purpose. If the decree or historic use and priority does not provide for an uninterrupted supply, • the applicant shall submit a legally binding

alterna-tive supply plan, such as reserve ground water.

(b) Tributary ground water outside the Denver Basin or a Designated Ground Water Basin:

For existing_ wells, a well permit and, if issued, a Court decree and Court decreed augmentation plan for the intended use. For new wells, a well permit for the intended use and, if required, a Court decree and Court decreed augmentation plan.

(c) Nontributary ground water outside the Denver Basin or a Designated Ground Water Basin:

A well permit for the intended use and a Court decree if available.

5

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(d) Denver Basin aquifers: (1) Tributary

A Water Court decree, approved augmentation plan and any other required Court approvals to ap-propriate and use the water for the intended purpose.

(2) Nontributary:

Well permits, Court Decrees for the intended use and/or calculations of the quantity of ground water in storage accompanied by evidence of ownership and legal entitlement.

(e) Designated Ground Water Basin:

Permits issued by the Ground Water Commission for the intended use and calculations showing the basis of the permits. Permits are required for alluvial and bedrock ground water. •

*5.

In addition to the above requirements a satisfactory legal opinion shall be concurrently submitted regarding the applicant's legal entitlement to the proposed water supply for the intended use.

6.

Proof of capability of the water provider to -serve the proposed subdivision and pre-existing subdivisions, if any, with adequate quantity, quality and dependability at peak demand. The 300 year water supply requirement does not apply to pre-existing (prior to enactment of Section

49.5)

subdivisions.

(a) The financial plan and capital improvements plan shall include a program for future wells if future ground water development is planned.

(b) Projects which will have residences served by in-dividual wellp are not required to have a water finan-cial or capital improvement plan.

7. The water bearing properties of aquifers (i.e., hydraulic conductivity, transmissivity, storativity, storage coefficient, etc.) are adequate to yield the quantity of water which is proposed to be extracted from the aquifer. 8. Physical facilities, or the necessary financial and

techni-cal resources and legal commitments to construct such facilities, for raw water acquisition, raw water storage and treatment, treated storage and distribution and maintenance

of water pressure are sufficient to serve the proposed subdivision.

9.

Necessary financial resources have been irrevocably com-mitted to extend water service to the proposed subdivision and to adequately maintain and operate the water supply system.

10. Extraordinary water demands needed to satisfy fire demand, and reduction of supplies as a result of flooding, and damaged or otherwise incapacitated systems can be met. This short term dependability is satisfied by such features as reservoirs, standby wells and standby connections with other water supply or distribution systems.

11. Peak daily water demands will be met.

D. SUFFICIENT QUANTITY

1. Sources of water:

Water may be supplied from any or all of the following sources and may be supplied from onsite areas, offsite areas or both:

a. Surface water.

b. Tributary and nontributary ground water outside the Denver Basin and any designated ground water basin, both alluvial and bedrock.

c. Denver Basin aquifers, both tributary and nontributary. d. Designated ground water basin alluvial and bedrock ground

water.

e. Other sources such as treated effluent. 2. Required. water supply: pa'

The water supply shall be of sufficient quantity to meet the average annual demand of the proposed subdivision for a period of 300 years. Sketch Plans are not required to include evidence that the proposed water supply will meet the needs of the proposed sub-division for a period of 300 years.

3.

.Determination of a sufficient quantity requires an evaluation of water demand and of the quantity of water available.

a. Determination of Water Demand: (1) Sketch Plan:

The total (300 year) water demand shall be estimated for the entire subdivision. For phased projects each phase shall be estimated independently. It is recog-nized that this estimate will be based on the general concept of the proposed subdivision and not final en-gineering plans. Acreages of community landscaping, lawn sizes, specific types of commercial and in-dustrial uses, etc., may be based on estimates.

(2) Preliminary Plan:

Estimates shall be based on. actual acreages and den-sity units, engineering plans and designs, land sur-veys and restrictive covenants, if any.

(3) Final Plat:

Estimatea shall be based on actual acreages and den-sity units, engineering plans and designs, land sur-veys and restrictive covenants, if any.

(4) Residential Use:

Annual water demand for single family and multifamily dwellings shall be calculated using the following formulas:

(a) Single family dwellings: T = NCI + SR) where:

T = total annual acre feet of water required. N = number of single family residences.

I . = .in house use. Use 0.26 acre feet per year.

S = average square feet of irrigated land (in thousands) per residence.

R = water requirement. Use 0.0566 acre feet. For example, the annual water demand of 100 dwelling units whose average irrigable area is 2,900 square feet would be calculated as follows:

•

•

feet + 2.9 x 0.566 acre feet) (b) Multiple family dwellings:

T = + SR) where:

T =.9 total annual acre feet of water required. N = number of multiple family residences. I = in house use. Use 0.20 acre-feet per

year.

D = number of occupancy units per unit (i.e., a duplex contains 2, a fourplex contains 4).

S = average square feet of irrigated land (in thousands) of each unit.

R = water requirement. Use 0.0566 acre feet. For example, the annual water demand for 100 triplexes whose average irrigable area is

749.5

square feet per triplex would be calculated as follows:

• 64.25 acre feet = 100 ((0.20 acre feet x 3) + (0.75 x 0.0566 acre feet))

These formulas are based on an average annual indoor use of 80 gallons per occupant per day, an occupant density of 2.91 and 2.23 persons per dwelling unit for single and multiple family units, respectively, and an outdoor use of 0.0566 acre feet per year for each 1,000 square feet of lawn (2.46 acre feet/acre/year).

Unusual water demands for residential projects, such as large swimming pools, lakes, large fountains, irrigation of golf courses, green-belts and pasture land, shall be determined and calculated separately.

(d) The apblicant may also submit estimates of an-nual water demand based on the water use of com-parable projects, water reuse, ground water recharge, water conservation, or other innova-tive methods. Complete documentation shall ac-company alternative estimates, and it shall be the applicant's sole responsibility tq demonstrate the validity of water demand es-timates made from alternative calculations. If alternative calculations are included, calcula-tions using the above values (a and c) shall

also be included. The Board of County Commis-sioners will make the final determination of water demand.

(5) Miscellaneous irrigation (landscaping, golf courses,. etc.):

Use 2.46 acre feet per acre per year.

(6)

Commercial and Industrial Uses (inside use only): A site specific study shall be conducted in order to determine the water demand requirements, however 45 gallons per occupant per day and 0.19 acre feet per acre per year of developed space may be used as ini-tial guidelines.

(7) Uses not itemized above:

A site specific study shall be conducted.

(8)

At the Preliminary Plan and Final Plat stage of a subdivision, the calculations of the water demand may be adjusted for the time required for subdivision buildout.. Such adjustment shall be in increments of whole years and the adjustment period shall not exceed 20 years from the date of Final Plat approval.

b. Determination of the Quantity of Water Available: (1) Sketch Plan:

Existing and potential water supplies shall be es-timated for the entire subdivision. Proposed quan-tities of available water are considered general es-timates and need not be based on court decrees, well permits or final engineering plans. The quantity of water available from each proposed onsite and offsite source and each aquifer shall be determined and described separately. For phased projects the supply . for each phase shall be estimated independently. The quantities of available water shall be expressed in acre feet per year for renewable water and total acre feet for nonrenewable water. Because substantial dif-ferences may exist between the estimates included with the Sketch Plan submittal and actual water supplies available for Preliminary Plan and Final Plat submittals, acceptance of the estimates accompanying the Sketch Plan will not guarantee the number of dwelling units permissible in latter stages of the subdivision approval process.

(2) Preliminary Plan:

The quantity of water available from each proposed on-site and offon-site source and each aquifer shall be determined, and described separately.. Calculations shall be based on court decrees, well permits and en-gineering planu and designs. The quantities of avail-able water shall be expressed in acre feet per year for renewable water and total acre feet for nonrenew-able water.

(3) Final Plat:

The quantity of water available from each proposed on-site and offon-site source and each aquifer shall be determined and described separately. Calculations shall be based on court decrees, well permits and en-gineering plans and designs. The quantities of avail-able water shall be

expressed in

acre feet per year for renewable water and total acre feet for nonrenew-able water.

(4)

Water provided from renewable ground water sources is considered to be annually renewable and, therefore, is considered to have a minimum life of 300 years. •

(5) Only bedrock aquifers below and including the

shal-lowest aquifer for which a well permit will be issued for the subdivision may be included in the calculation of the quantity of ground water available.

(6)

Ground water recharge may not be used to modify the calculations of the quantity of extractable .ground water in bedrock aquifers unless it is included in court decrees and/or well permits. For Denver Basin nontributary aquifers, site specific, scientific evidence shall be provided which is acceptable to the State Engineer and the Board of County Commissioners. (7) Alternative water supplies such as treated effluent

may be considered renewable or nonrenewable and shall be evaluated on a case-by-case basis.

(8) Surface water available is calculated as follows:

(a) Water provided from renewable surface water sources is considered to be annually renewable and, therefore, is considered to have a minimum. life of 300 years.

(b) In determining the availability of surface water supplies, documentation shall be provided as to

(9)

the historic use, historic consumptive use and estimated yield of claimed water rights, and proof of amenability of existing rights to change in use at point of diversion, including any necessary augmentation plan.

(c) The quantity of surface water available is the quantity proscribed by a court decree and which has historically been available for use and which will be available for the proposed sub-division after a court decree for change in use or place. In the event the court decreed quan-tity of water has historically been interrupted because of a low priority or for other reasons, the surface supply may only be counted if an al-ternative supply, of equal quantity, is avail-able when the surface supply is not. For example, if the priority of the surface water supply is such that water is only available seasonally, then an equal supply of reliable al-ternative water, such as bedrock ground water, must be available when the surface supply is not.

(d) Calculate the quantity of surface water by mul-tiplying the annual appropriation, in acre-feet, times 300 years. If a supplemental water supply is required by (c) above, reduce the number of years by the percentage of time the supply is not available. For example, if a supply of sur-face water is not available for six months out of the year, then the quantity of surface water available shall be reduced by half. The sup-plemental source shall be documented independently.

Tributary and nontributary ground water outside the Denver Basin or Designated Ground Water Basins and which rights were acquired after

1973

shall be calcu-lated as follows:

(a) The quantity of ground water is the quantity proscribed by a well permit issued by the State Engineer's Office unless there is a court decree and court approved augmentation plan in which case the court decree is required.

(b) Calculations shall be presented which document the quantity available from each source. Each aquifer is considered to be a separate source. (c) The quantity of renewable ground water is

calcu-(9)

lated by multiplying the annual court decreed .appropriation, in acre-feet, by 300 years. The decreed appropriation shall be adjusted, if necessary, to account for the priority of the appropriation.

(d) The quantity of nonrenewable ground water is calculated by multiplying the annual .appropria-tion by 100 years. This quantity shall be ad-justed for the quantity of ground water used in prior years.

Calculations shall be presented in the form: (1) Confined aquifers (use only if

potentiometric water is included in the court decree and well permit, otherwise use the formula for uncon-fined aquifers):

V = A(S x Bs + Sy x B) (2) Unconfined aquifers:

V = A(Sy x B) where:

V = quantity of water in storage A = •acres from which ground water

will be extracted S = storativity

Bs = thickness of potentiometric water (elevation of the top of potentiometric surface -elevation of the top of the aquifer)

-Sy = specific yield of the aquifer B = total saturated thickness of

the aquifer

Tgese methods are similar to those used by the State Engineer's Office. Poten-tiometric water may be omitted from the calculations.

Denver Basin aquifers are calculated as follows: (a) Tributary ground water:

(1)

The quantity of ground water is the quan-tity proscribed by a court decree and

court approved augmentation plan:

(2) Calculations shall be presented which

document the quantity available from each source. Each aquifer is considered to be a separate source.

(b) Nontributary ground water:

(1) The quantity of ground water available is

that quantity proscribed by well permits and court decrees and the calculated quan-tity in storage.

(2) Calculations of the quantity of ground

water available shall be based on the fol-lowing priority: first court decrees, second well permits, and third estimates of the quantity of ground water in storage.

(3)

If a combination of well permitted ground

water, court decreed ground water and es-timates of the quantity of ground water in storage are to be used, the calculations shall clearly indicate the surface acreage associated with each.

(4)

The quantity of available non-well

per-mitted and/or court decreed ground water shall be calculated as follows:

(a) The quantity of bedrock ground water

in storage will be based on the ground water conditions at the time of the application.

(b) Confined aquifers:

Use the same methods as set forth in Section 8 (d).

(c) Unconfined aquifers:

Use the same methods as set forth in Section 8 (d).

(d) Specific yield (Sy) shall be

deter-mined by pump testing using observa-tion well responses if observaobserva-tion wells are required by Section G(11). Otherwise, specific yield shall be

determined by the best available method. Sy may be calculated without observation well responses under the following conditions:

(1)

Satisfactory evidence is presented to the County Hydrogeologist indicating that Sy responses will not be ob-served in an observation well, and

(2) The County Hydrogeologist determines that an Sy response would not be observed in a reasonable time period.

(e) Pump and aquifer test methods are described in USGS Professional Paper 708 and elsewhere. Other methods for estimating aquifer parameters may include laboratory analysis of undisturbed aquifer samples, specific drawdown data from produc-tion wells, well test data from nearby wells, the Denver Basin Rules promulgated by the Department of Natural Resources, and other publications.

(ft)

15

Total saturated thickness shall be calculated from lithologic logs made during well construction and from geophysical logs of the bore hole made prior to well completion. Such logs normally describe changes in lithology and porosity on a foot-by-foot basis. Only horizons which will be screened in the production well may be included in the saturated thickness. If more than one production well are located in the same aquifer, the saturated thickness will be computed by an averaging method which best repre-sents the average saturated thickness.

In the absence of lithologic and geophysical logs, total saturated thickness shall be estimated from the State Engineer's Denver Basin

••

maps.

For Sketch Plan'submittals the saturated thickness may beestimated from published maps and data and other offsite data.

(11) Designated Ground Water Basins are calculated as follows:

(a) The quantity of ground water may not exceed the

quantity of ground water allocated by permits issued by the Ground Water commission. If con-fined ground water has not been included in the permit, it may not be included in the calculation.

(b) If a court or the Ground Water commission has

decreed a priority appropriation list of wells in the basin, the priority and significance of the priority of the proposed wells to any condi-tion of basin over appropriacondi-tion shall be a fac-tor in determining sufficiency.

(c) Renewable ground water:

Calculate the quantity of water by multiplying the annual well permit appropriation, in acre-feet, by 300 years. The appropriation shall be adjusted, if necessary, to account fora low priority appropriation.

(d) Nonrenewable ground water:

. Calculations showing the quantity of available ground water shall be presented in the following form:

(1) Confined aquifers:

Use the same methods as set forth in Sec-tion D(8)(d).

(2) Unconfined aquifers:

Use the same methods as set forth in Sec-tion D(8)(d).

(12) 'Pre-1973 Court decreed nontributary, nondesignated basin ground water is calculated as follows:

The quantity of ground water from pre-1973 Court decrees shall be calculated independently, and when appropriate the area of influence of the well(s) shall be subtracted from the area of other ground water calculations.

E. FINDING OF SUFFICIENT QUALITY

In addition to applicable Federal and State water quality standards and requirements, the proposed water supplies shall meet the following requirements:

1. A chemical analysis shall be performed on a representative water

sample from every source which will be utilized by the subdivision. Large subdivisions may require multiple samples: from the same source (not the same well) to ensure representative water quality analyses.

a. Maximum permissible contaminant levels and the required

analyses are: (1) Inorganic constituents: mgJl Arsenic 0.05 Barium 1.0 Cadmium 0.010 Chromium 0.05

Hardness not set

Fluoride Lead 0.05 Mercury 0.002 Nitrate (as N) 10.0 Selenium 0.01 Silver 0.05

Analyses of the major ions Calcium, Magnesium, Potassium, Sodium, Bicarbonate/Carbonate, Chloride and Sulfate are recommended but not required.

Annual arithmetic mean of daily air

temperature Fahrenheit mg/1 53.7 and below 2.4 53.8 to 58.3 2.2 58.4 to 63.8 2.0 63.9 to 70.6 1.8 70.7 to 79.2

1.6

79.3

to 90.5 1.4 17

•• •11, (2) Radioactive: Gross Alpha Gross Beta (3) Organic: 15 pCi/1 not set

Basic pesticide scan E. Coliform

not set

as set forth. in Article

3

Sec-tion 3.1.1 in Colorado Primary Drinking Water Regulations

b. Samples shall be eollected by qualified personnel using

standard collection and preservation methods and shall be analyzed within the limits of standard holding times. A chain of. custody shall be maintained and documented from sampling to laboratory analysis. Samples shall be analyzed by a certified testing laboratory.

c. Samples from bedrock aquifers shall .be collected within 1/2.

mile of the project site or offsite source. Samples from

shallow aquifers shall be collected within 500 feet of the project site or offsite source and shall be collected from the closest upgradient well. All samples shall be repre-sentative of the source.

d. If the quality of- the source water does not meet the

stand-ards specified in F(1)a the applicant must demqnstrate that treatment facilities will be constructed and maintained

which will bring the water within, the standards. .

.2. In the absence of .evidence to the contrary, a presumption is made

that minor subdivisions which will utilize individual wells meet the water quality standards.

3.

Under foreseeable and likely future conditions, the quality of the

proposed water 'supply will not exceed the water quality standards

established herein. Both onsite and offsite conditions shall be

considered.

F. AQUIFER AND WELL TESTING AND AQUIFER MONITORING

1. General:

The County shall be notified of the time and place of all required aquifer and pump testing at least three working days prior to testing so that County personnel may observe the test if they desire.

2. Aquifer Testing:

a. Aquifer testing is required for evaluating that part of the proposed water supply which will be obtained from non-tributary ground water aquifer in the Denver Basin which meet the following criteria:

' (1) That part of a proposed Denver Basin water supply which is not based on well permits or court decrees and

(2) From which more than 3,000 acre feet will be ex-tracted from a nontributary aquifer underlying contiguous land or - parcels or from noncontiguous land or parcels which are separated by a dis-tance of less than one (1) mile, by the legal owner of the ground water or his assigns, for use by the proposed subdivision or,

(3) From which more than .3,000 acre feet will be ex-tracted from a nontributary aquifer underlying contiguous land or parcels or from noncontiguous land or parcels which are separated by a dis-tance of less than one (1) mile, by the legal owner of the ground water or his assigns, for the purpose of supplying multiple projects which are subject.to the requirements of Section 49.5. b. Aquifer testing is encouraged for other aquifers.

c. Aquifer testing is not required for approval of Sketch Plans, but.is a requirement for Preliminary Plan applications.

d. When aquifer testing is required, the aquifer parameters of hydraulic conductivity (K), transmissivity (T), storativity (S) and specific yield (Sy) shall be evaluated by means of

aquifer testing using observation well responses.

e. If both onsite and :offsite ground water is to be used, the County Hydrogeologist may determine that test results from on and off site well location data or from nearby property is sufficient. Nonpumping production wells may be used as observation wells. Aquifer .tests shall be performed by the methods described in U.S. Geological Survey Professional Paper 708, Ground-Water Hydraulics.

3.

Production Well Test:

a. A step drawdown test shall be performed on each production well which will be needed to meet the daily and peak water

• •

needs of the proposed subdivision and which meet the follow-ing criteria:

(1) The well permit or anticipated production rate is for

40 gpm or more or

(2) The well is a community well and will ultimately serve

more than 50 acres or 100 dwelling units or an equiv-alent commercial or industrial project which is sub-ject to the provisions of Section 49.5.

b. Test results will be used to determine if the production

wells have adequate capacity to supply the needs of the subdivision. If test results indicate additional production well are necessary, the additional wells shall be installed and tested prior to issuance of building permits for the subdivision. Prior to issuance of building permits the County Hydrogeologist shall review the test result and shall certify that the test results indicate that the production wells have, at the time of certification, adequate produc-tion capability to supply the needs of the subdivision.

c. Step drawdown testing is encouraged for all wells.

d. Step drawdown testing is not required for approval of Sketch

Plans.

e. It is recommended that the test results be included with the

• Preliminary Plan and Final Plat submittals.

f. .No building permits will be issued for an approved

subdivi-sion until all production wells needed to supply the sub-division are installed and tested.

g.

Step drawdown tests shall have at least

3

steps.

4. Observation wells:

(a) Observation wells are only required on phased projects.

(b) One observation well, open to the same water bearing horizon

as the pumping wells, shall be installed in every aquifer meeting the following criteria:

(1) From which more than 3,000 acre feet will be extracted

from each aquifer underlying contiguous land or par-cels or from noncontiguous land or parpar-cels which are separated by a distance of less than one (1) mile, by the legal owner of the ground water or his assigns, for use by the proposed subdivision or,

from each aquifer underlying contiguous land or par-cels or from noncontiguous land or parpar-cels which are separated by a distance of less than one 1(1) mile, by the legal owner of the ground water or his assigns*, for the purpose of supplying multiple projects which are subject to the requirements of Section 49.5.

(?) The observation wells shall be constructed near pumping wells so that drawdown effects will be observed.

(d) One additional observation well shall be installed in every aquifer for each additional two thousand surface acres from which ground water will be removed. The location and open intervals of observation wells shall be made in consultation with the County Hydrogeologist.

(e) Observation wells shall remain in working condition until all Final Plats of all phases of a project have been ap-proved and all building permits have been issued.

(f)

At such a time that maintance of observation wells are* no longer required by Section 49.5, subdividers are encouraged to dedicate observation wells to the Board of County Commis-sioners so the wells may be included in the County's long term ground water monitoring program. If the water provider elects to keep the observation wells, the water provider is encouraged to maintain the water level monitoring program after all Final Plats and building permits have been ap-proved or issued.

(g) Except for water quality sampling, ground water may not be removed from the observation wells.

(h) Observation wells are not required for approval of Sketch Plan or Preliminary Plan,* but are a condition of Final Plat approval. No building permit will be issued for an approved subdivisions until all required observation wells have been installed.

(4) Additional Monitoring:

The following monitoring and reporting is required until all Final Plats for a proposed subdivision been approved and all building permits for the subdivision have been issued by the Count Land Use Department:

(a) The pumping volumes from each community production well shall be reported to the County Hydrogeologist semiannually. (b) Water and potentiometric level measurements from all required observation wells shall be made and the results reported to the County Hydrogeologist monthly for the first

year and bimonthly thereafter.

(c) . All observation wells and their water level monitoring

devices shall be maintained in good working order and the wells shall be available to County staff at any time for water level measurements or water quality sampling. The water supplier will be responsible for maintaining the ob-servation wells until the obob-servation wells are no longer required.

G. MISCELLANEOUS

1. These regulations are not intended to enhance, diminish, displace,

modify or supersede any applicable state laws and regulations regarding the use of water.

2. • Unless otherwise specified all submittals shall be made to the

County Land Use Department.

3.

Prior to the issuance of building permits by the Land Used

Depart-ment the following must be accomplished:

(a) • All required step drawdown tests must be performed on production wells.

(b) All required observation wells must be installed and be in

good working order.

(c) A certification be issued by a Registered Engineer that the

water system is operational for the intended use. This provision does not apply to subdivision supplied by in-dividual wells.

4.

In the event water is not sufficiently available as planned,

building permits may be limited by the Board of County Commissions according .to the capacity of the supply system.. Stipulation as to the number and type of building permit limitations shall be made a part of the Subdivision Improvements Agreement.

(delete Section 51.2 in its entirety and replace with the following)

SECTION 51.2 Water Resources Report

The purpose .of the Water Resources Report is to provide the data necessary for the Planning Commission and the Board of County Commissioners to determine whether the proposed water

supply

is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed.

1. A Water Resources Report as required by these regulations shall be submitted with a Sketch Plan, Preliminary Plan and Final Plat ap-plication and a copy of the report kept on file in the El Paso County Land Use Department.

2. The Water Resources Report shall be prepared by a qualified hydrogeologist, hydrologist, or licensed civil engineer with ap-propriate experience and shall include adequate documentation that the proposed water supply is sufficient in terms of quality, quan-tity and dependability for the type of subdivision proposed.

3.

Sketch Plan:

The initial report to be submitted with the Sketch Plan may be of a general nature, may be based on published and unpublished data and reports, and need- not include site specific hydrogeologic data. The purpose of the report included- with the Sketch Plan is to identify probable compliance of the proposed subdivision with the water supply standards and to identify the need for additional water supplies which will be required for subdivision completion. 4. Preliminary Plan:

.The report shall include all of the data needed to determine whether the proposed water supply is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed. The report shall be based on engineering calculations and site specific data and shall include a 'detailed discussion of the water demand, supply, quality, dependability, and supply facilities for the proposed project.

5.

Final Plat:

The report shall include all of the data needed to determine whether the proposed water supply is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed. The report shall be based on engineering calculations and site specific data and shall include a detailed discussion of the water demand, supply, quality, dependability, and supply facilities for the proposed project.

6.

Minor Subdivisions:

A:report is, at the applicant's discretion, optional. In the ab-sence of .a .report the County Hydrogeologist and other appropriate County staff will evaluate the proposed water supply and prepare a recommendation.

7.

Staff Review:

Water Resource Reports will be reviewed by the County Hydrogeologist, County Attorney, County Health Department, and County Land Use Department.

a. Sketch Plan:

County staff will submit to the Land Use Department, within 35 days after receipt of the report, a statement of their conclusions and findings.

b. Preliminary Plan:

The. County Hydrogeologist will, in consultation with the County Attorney and the Land Use Department, prepare a recommendation that the water, supply be found sufficient or insufficient in terms of quantity and dependability. The County Health Department will prepare a recommendation that the water supply is sufficient or insufficient in terms of quality. If the County Hydrogeologist or County Health Department recommend that the proposed water supply be found insufficient they shall identify the deficiencies in the water supply plan that need to be corrected prior to submit-tal of the Final Plat.

C. Final Plat:

The County Hydrogeologist will, in consultation with the County Attorney and the Land Use Department, prepare a recommendation that the water supply be found sufficient or insufficient in terms of quantity and dependability. The County Health Department will prepare a recommendation that the water supply is sufficient or insufficient in terms of quality. If the County Hydrogeologist or County Health Department recommend that the proposed water supply be found insufficient they shall identify the deficiencies in the water supply plan.

c. It shall be the responsibility of the applicant to provide evidence as may be required by County Staff.

7.

Report Requirements:

The Water Resource 'Report shall not exceed the requirements of 24

Section 49.5, except for section 7f.(5), and shall include the following data, documentation and analysis:

a. Summary of the proposed subdivision:

(1) Location including streets, Township and Range, a copy of all maps required with Sketch and Preliminary Plan and Final Plat submittals, and legal description. (2) Description of subdivision including acreage of each

proposed land use, number of dwelling units, etc. For phased projects the description shall clearly describe the acreages, land uses and number of units of each phase. The location of each proposed land use shall be shown on appropriate maps.

b. • Description of the geologic setting, subsurface conditions and well and aquifer analysis (required only if ground water is to be used):

(1) Discussion of the surface and subsurface geology and a qualitative and quantitative analysis of the hydrology-and hydrogeology. A map showing geology, outcrop areas, location of wells and test holes, alluvial and surface water, etc., shall be included.

(2) Detailed ,analysis of site specific subsurface geologic and hydrogeologic conditions. The following data and analysis shall be provided:

(a) Subsurface profiles and cross sections. (b) Well drilling logs, geophysical logs, etc.

(c) Aquifer test data, drawdown curves, analysis and conclusions.

(d) Aquifer analysis, including the parameters hydraulic conductivity, transmissivity, specific yield, storativity, saturated thickness, and the data and methods of analysis.

(e) Calculations of the quantity of ground water in storage.

(3) The location, construction and production details of existing and proposed production and observation wells. The following shall be included:

(a) Estimated number, size and and short and long-term yields of wells necessary to serve the proposed subdivision, estimated life expectancy

of wells, estimated short and long-term well development schedule indicating probable timing of bringing additional wells on line.

(b) A map showing.locations of wells to be used

during the first

5

years of the the subdivision

and probable locations of wells in the out years

(c) Well drilling logs and well completion reports

showing construction details and relationship to subsurface geology.

(d) Pumping test data and analysis, including data

and analysis of constant rate and step drawdown

tests.

(e) Well permits or well permit applications.

c. General information and, where appropriate, calculations

detailing the proposed water demand, water supply, number of years of water supply, proof of ownership or rights of

ac-quisition .of or use of existing

and

proposed water rights,

financial and capital improvements plans of the water provider, water supply facilities, dependability of surface supplies and the water quality.

d. Determination of sufficient quantity of water:

(1) Calculation of water demand:

Separate calculations of the type, number and annual water requirements of existing, proposed and potential maximum uses of the site and a general timetable when such demands are expected. Calculations based on al-ternative water use values may also be included, but shall be accompanied by supporting documentation.

. (2) Calculation of quantity of water available:

(a) Each source of water clearly identified and

described.

(b) A map showing the location of any offsite water

to be used and the location of water

transmis-sion lines, reservoirs,

etc.

c)

The quantity of -water available from each

source, calculated separately, expressed in acre feet per year. Onsite and offsite sources shall be determined independently.

be-t

st available methods.

e. Calculation of the number of years of water supply.:

For phased. projects the calculation shall delineate the years of water available for each phase.

f. Determination of sufficient dependability of water supply: (1) Proof of ownership or right of acquisition or of use

of existing or proposed water rights sufficient in quality, quantity and dependability to serve the proposed use.

(2) _{Financial plan and capital improvements plan of water} provider.

(3) Description of the water supply, location shown on maps, and, when appropriate, -engineering designs of existing and proposed water supply facilities, includ-ing wells, storage facilities, transmission lines, etc.

(4) _{Calculations demonstrating that the aquifers are} capable of supplying the required quantity of water • and analysis showing the wells are capable of produc-ing the required water supplies, if ground water is to be used.

(5) If a public or private water source is to be used, evidence that the source can and will supply, water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to the area. This evidence shall, in addition to the data required in Sections 49.5 and 51.2, include the following information:

(a) _{A letter indicating a commitment to serve.}

(b) Name and address of the municipality, quasi-municipility, or water company which will supply the water.

(c) Current capacities of the existing system. (d) Total amount of current and committed use.

(e) Amount and timing of water to be supplied to the subdivision.

This requirement does not apply to subdivisions to be 27

.1

supplied by individual wells.

(6)

_{Evidence that extraordinary short—term water supply} needs of the subdivision can be met to satisfy fire demand, and reduction of supplies as a result of flooding, and damaged or otherwise incapacitated systems. Short term dependability is satisfied by such features as reservoirs, standby well and standby connections with other water supply or distribution systems.

g. _{Determination of sufficient quality and potability of water:} (1) _{Chemical analyses of proposed water from each proposed}

source.

(2) _{Evidence of compliance with County and/or State water} quality standards.

(3) Discussion of potential for water quality degradation from onsite and offsite sources.